In the Matter of the Will of Robert J. Horner, Deceased. Lillian Horner, Appellant; Grace B. Simms, Respondents

Summary

The Court of Appeals held that the trust for the children of Grace B. Simms is void because it cannot be severed from the interests of afterborn children and thus violates the prohibition on suspending absolute ownership, while the trust for the children of Robert J. Horner, Jr. is valid as it divides the estate into separate shares. Accordingly, the lower court's decree is modified to declare the Simms trust invalid as to the appellant and otherwise affirmed.